Modified AGI limits for Roth IRA contributions increased. For 2007, your Roth IRA contribution limit is reduced (phased out) in the following situations.

See Can You Contribute to a Roth IRA in this chapter.

Catch-up contributions in certain employer bankruptcies. If you participated in a 401(k) plan and the employer who maintained the plan went into bankruptcy in an earlier year, you may be able to contribute up to $7,000 to your Roth IRA. See Catch-up contributions in certain employer bankruptcies under How Much Can Be Contributed? in this chapter.

Roth IRA contribution limit. If contributions on your behalf are made only to Roth IRAs, your contribution limit for 2008 will generally be the lesser of:

If you were age 50 or older before 2009 and contributions on your behalf were made only to Roth IRAs, your contribution limit for 2008 will generally be the lesser of:

However, if your modified AGI is above a certain amount, your contribution limit may be reduced. For more information, see How Much Can Be Contributed? under Can You Contribute to a Roth IRA? in this chapter.

Modified AGI limit for Roth IRA contributions increased. For 2008, your Roth IRA contribution limit is reduced (phased out) in the following situations.

See Can You Contribute to a Roth IRA? in this chapter.

Rollovers from other retirement plans. For 2008, you can rollover amounts from an eligible retirement plan into a Roth IRA. For more information, see Rollovers from other retirement plans in this chapter.

Deemed IRAs. For plan years beginning after 2002, a qualified employer plan (retirement plan) can maintain a separate account or annuity under the plan (a deemed IRA) to receive voluntary employee contributions. If the separate account or annuity otherwise meets the requirements of an IRA, it will be subject only to IRA rules. An employee's account can be treated as a traditional IRA or a Roth IRA. For this purpose, a “qualified employer plan” includes:

Regardless of your age, you may be able to establish and make nondeductible contributions to an individual retirement plan called a Roth IRA.

A Roth IRA is an individual retirement plan that, except as explained in this chapter, is subject to the rules that apply to a traditional IRA (defined below). It can be either an account or an annuity. Individual retirement accounts and annuities are described in chapter 1 under How Can a Traditional IRA Be Set Up.

To be a Roth IRA, the account or annuity must be designated as a Roth IRA when it is set up. A deemed IRA can be a Roth IRA, but neither a SEP IRA nor a SIMPLE IRA can be designated as a Roth IRA.

Unlike a traditional IRA, you cannot deduct contributions to a Roth IRA. But, if you satisfy the requirements, qualified distributions (discussed later) are tax free. Contributions can be made to your Roth IRA after you reach age 70½ and you can leave amounts in your Roth IRA as long as you live.

You can set up a Roth IRA at any time. However, the time for making contributions for any year is limited. See When Can You Make Contributions, later under Can You Contribute to a Roth IRA?

Generally, you can contribute to a Roth IRA if you have taxable compensation (defined later) and your modified AGI (defined later) is less than:

Modified AGI.   Your modified AGI for Roth IRA purposes is your adjusted gross income (AGI) as shown on your return modified as follows.

1. Subtract the following:

   1. Conversion income. This is any income resulting from the conversion of an IRA (other than a Roth IRA) to a Roth IRA. Conversions are discussed under Can You Move Amounts Into a Roth IRA, later.

   2. Minimum required distributions from IRAs, (for conversions only).

2. Add the following deductions and exclusions:

   1. Traditional IRA deduction,

   2. Student loan interest deduction,

   3. Tuition and fees deduction,

   4. Domestic production activities deduction,

   5. Foreign earned income exclusion,

   6. Foreign housing exclusion or deduction,

   7. Exclusion of qualified bond interest shown on Form 8815, and

   8. Exclusion of employer-provided adoption benefits shown on Form 8839.

  You can use Worksheet 2-1 to figure your modified AGI.

  

Do not subtract conversion income or minimum required distributions from IRAs when figuring your other AGI-based phaseouts and taxable income, such as your deduction for medical and dental expenses. Subtract them from AGI only for the purpose of figuring your modified AGI for Roth IRA purposes.

How Much Can Be Contributed?

The contribution limit for Roth IRAs generally depends on whether contributions are made only to Roth IRAs or to both traditional IRAs and Roth IRAs.

Table 2-1. Effect of Modified AGI on Roth IRA Contribution This table shows whether your contribution to a Roth IRA is affected by the amount of your modified adjusted gross income (modified AGI).

IF you have taxable compensation and your filing status is ...	AND your modified AGI is ...	THEN ...
married filing jointly or qualifying widow(er)	less than $156,000	you can contribute up to $4,000 ($5,000 if you are age 50 or older) as explained under How Much Can Be Contributed.
	at least $156,000 but less than $166,000	the amount you can contribute is reduced as explained under Contribution limit reduced.
	$166,000 or more	you cannot contribute to a Roth IRA.
married filing separately and you lived with your spouse at any time during the year	zero (-0-)	you can contribute up to $4,000 ($5,000 if you are age 50 or older) as explained under How Much Can Be Contributed.
	more than zero (-0-) but less than $10,000	the amount you can contribute is reduced as explained under Contribution limit reduced.
	$10,000 or more	you cannot contribute to a Roth IRA.
single, head of household, or married filing separately and you did not live with your spouse at any time during the year	less than $99,000	you can contribute up to $4,000 ($5,000 if you are age 50 or older) as explained under How Much Can Be Contributed.
	at least $99,000 but less than $114,000	the amount you can contribute is reduced as explained under Contribution limit reduced.
	$114,000 or more	you cannot contribute to a Roth IRA.

Note. You may be able to contribute up to $7,000 if you participated in a 401(k) plan maintained by an employer who went into bankruptcy in an earlier year. See Catch-up contributions in certain employer bankruptcies, later.

For 2008, the amounts in Table 2-1 increase. For 2008, your Roth IRA contribution limit is reduced (phased out) in the following situations.

• Your filing status is married filing jointly or qualifying widow(er) and your modified AGI is at least $159,000. You cannot make a Roth IRA contribution if your modified AGI is $169,000 or more.

• Your filing status is married filing separately, you lived with your spouse at any time during the year, and your modified AGI is more than -0-. You cannot make a Roth IRA contribution if your modified AGI is $10,000 or more.

• Your filing status is different than either of those described above and your modified AGI is at least $101,000. You cannot make a Roth IRA contribution if your modified AGI is $116,000 or more.

Roth IRAs only.   If contributions are made only to Roth IRAs, your contribution limit generally is the lesser of:

• $4,000 ($5,000 if you are age 50 or older), or

• Your taxable compensation.

  This limit may be increased to $7,000 if you participated in a 401(k) plan maintained by an employer who went into bankruptcy in an earlier year. For more information, see Catch-up contributions in certain employer bankruptcies later.

  However, if your modified AGI is above a certain amount, your contribution limit may be reduced, as explained later under Contribution limit reduced.

Roth IRAs and traditional IRAs.   If contributions are made to both Roth IRAs and traditional IRAs established for your benefit, your contribution limit for Roth IRAs generally is the same as your limit would be if contributions were made only to Roth IRAs, but then reduced by all contributions for the year to all IRAs other than Roth IRAs. Employer contributions under a SEP or SIMPLE IRA plan do not affect this limit.

  This means that your contribution limit is the lesser of:

• $4,000 ($5,000 if you are age 50 or older) minus all contributions (other than employer contributions under a SEP or SIMPLE IRA plan) for the year to all IRAs other than Roth IRAs, or

• Your taxable compensation minus all contributions (other than employer contributions under a SEP or SIMPLE IRA plan) for the year to all IRAs other than Roth IRAs.

  This limit may be increased to $7,000 if you participated in a 401(k) plan maintained by an employer who went into bankruptcy in an earlier year. For more information, see Catch-up contributions in certain employer bankruptcies later.

  However, if your modified AGI is above a certain amount, your contribution limit may be reduced, as explained later under Contribution limit reduced.

  Simplified employee pensions (SEPs) are discussed in Publication 560. Savings incentive match plans for employees (SIMPLEs) are discussed in chapter 3.

Catch-up contributions in certain employer bankruptcies.   If you participated in a 401(k) plan and the employer who maintained the plan went into bankruptcy, you may be able to contribute an additional $3,000 to your Roth IRA. For this to apply, the following conditions must be met.

• You must have been a participant in a 401(k) plan under which the employer matched at least 50% of your contributions to the plan with stock of the company.

• You must have been a participant in the 401(k) plan 6 months before the employer went into bankruptcy.

• The employer (or a controlling corporation) must have been a debtor in a bankruptcy case in an earlier year.

• The employer (or any other person) must have been subject to indictment or conviction based on business transactions related to the bankruptcy.

  

If you choose to make these catch-up contributions, the higher contribution limits for individuals who are age 50 or older do not apply. The most that can be contributed to your Roth IRA is the smaller of $7,000 or your taxable compensation for the year.

Repayment of reservist and hurricane distributions.   You can repay qualified reservist and qualified hurricane distributions even if the repayments would cause your total contributions to the Roth IRA to be more than the general limit on contributions. However, the total repayments cannot be more than the amount of your distribution.

Note.

If you make repayments of qualified reservist distributions to a Roth IRA, increase your basis in the Roth IRA by the amount of the repayment. If you make repayments of qualified hurricane distributions to a Roth IRA, the repayment is first considered to be a repayment of earnings. Any repayments of qualified hurricane distributions in excess of earnings will increase your basis in the Roth IRA by the amount of the repayment in excess of earnings. For more information, see Qualified reservist repayments under How Much Can Be Contributed? in chapter 1 and Repayment of qualified hurricane distribution to a Roth IRA under Repayment of Qualified Hurricane Distributions in chapter 4.

Contribution limit reduced.   If your modified AGI is above a certain amount, your contribution limit is gradually reduced. Use Table 2-1 to determine if this reduction applies to you.

Figuring the reduction.   If the amount you can contribute must be reduced, figure your reduced contribution limit as follows.

1. Start with your modified AGI.

2. Subtract from the amount in (1):

   1. $156,000 if filing a joint return or qualifying widow(er),

   2. $-0- if married filing a separate return, and you lived with your spouse at any time during the year, or

   3. $99,000 for all other individuals.

3. Divide the result in (2) by $15,000 ($10,000 if filing a joint return, qualifying widow(er), or married filing a separate return and you lived with your spouse at any time during the year).

4. Multiply the maximum contribution limit (before reduction by this adjustment and before reduction for any contributions to traditional IRAs) by the result in (3).

5. Subtract the result in (4) from the maximum contribution limit before this reduction. The result is your reduced contribution limit.

Worksheet 2-1. Modified Adjusted Gross Income for Roth IRA Purposes Use this worksheet to figure your modified adjusted gross income for Roth IRA purposes.

1.	Enter your adjusted gross income from Form 1040, line 38; Form 1040A, line 22; or Form 1040NR, line 36			1.
2.	Enter any income resulting from the conversion of an IRA (other than a Roth IRA) to a Roth IRA or a minimum required distribution from an IRA (if figuring MAGI for conversion purposes)			2.
3.	Subtract line 2 from line 1			3.
4.	Enter any traditional IRA deduction from Form 1040, line 32; Form 1040A, line 17; or Form 1040NR, line 31			4.
5.	Enter any student loan interest deduction from Form 1040, line 33; Form 1040A, line 18; or Form 1040NR, line 32			5.
6.	Enter any tuition and fees deduction from Form 1040, line 34, or Form 1040A, line 19			6.
7.	Enter any domestic production activities deduction from Form 1040, line 35, or Form 1040NR, line 33			7.
8.	Enter any foreign earned income exclusion and/or housing exclusion from Form 2555, line 45, or Form 2555-EZ, line 18			8.
9.	Enter any foreign housing deduction from Form 2555, line 50			9.
10.	Enter any excludable qualified savings bond interest from Form 8815, line 14			10.
11.	Enter any excluded employer-provided adoption benefits from Form 8839, line 30			11.
12.	Add the amounts on lines 3 through 11			12.
13.	Enter: $166,000 if married filing jointly or qualifying widow(er), $10,000 if married filing separately and you lived with your spouse at any time during the year, or $114,000 for all others			13.
	Is the amount on line 12 more than the amount on line 13? If yes, see the note below. If no, the amount on line 12 is your modified adjusted gross income for Roth IRA purposes.
	Note. If the amount on line 12 is more than the amount on line 13 and you have other income or loss items, such as social security income or passive activity losses, that are subject to AGI-based phaseouts, you can refigure your AGI solely for the purpose of figuring your modified AGI for Roth IRA purposes. When figuring your modified AGI for conversion purposes, refigure your AGI without taking into account any income from conversions or minimum required distributions from IRAs. (If you receive social security benefits, use Worksheet 1 in Appendix B to refigure your AGI.) Then go to list item 2 under Modified AGI earlier or line 3 above in Worksheet 2-1 to refigure your modified AGI. If you do not have other income or loss items subject to AGI-based phaseouts, your modified adjusted gross income for Roth IRA purposes is the amount on line 12 above.

  You can use Worksheet 2-2 to figure the reduction.

Worksheet 2-2. Determining Your Reduced Roth IRA Contribution Limit

Before using this worksheet, check Table 2-1 to determine whether or not your Roth IRA contribution limit is reduced. If it is, use this worksheet to determine how much it is reduced.

1.	Enter your modified AGI for Roth IRA purposes	1.
2.	Enter: $156,000 if filing a joint return or qualifying widow(er), $-0- if married filing a separate return and you lived with your spouse at any time in 2007, or $99,000 for all others	2.
3.	Subtract line 2 from line 1	3.
4.	Enter: $10,000 if filing a joint return or qualifying widow(er) or married filing a separate return and you lived with your spouse at any time during the year, or $15,000 for all others	4.
5.	Divide line 3 by line 4 and enter the result as a decimal (rounded to at least three places). If the result is 1.000 or more, enter 1.000	5.
6.	Enter the lesser of: $4,000 ($5,000 if you are age 50 or older, or $7,000 for certain employer bankruptcies), or Your taxable compensation	6.
7.	Multiply line 5 by line 6	7.
8.	Subtract line 7 from line 6. Round the result up to the nearest $10. If the result is less than $200, enter $200	8.
9.	Enter contributions for the year to other IRAs	9.
10.	Subtract line 9 from line 6	10.
11.	Enter the lesser of line 8 or line 10. This is your reduced Roth IRA contribution limit	11.

  

Round your reduced contribution limit up to the nearest $10. If your reduced contribution limit is more than $0, but less than $200, increase the limit to $200.

Example.

You are a 45-year-old, single individual with taxable compensation of $113,000. You want to make the maximum allowable contribution to your Roth IRA for 2007. Your modified AGI for 2007 is $100,000. You have not contributed to any traditional IRA, so the maximum contribution limit before the modified AGI reduction is $4,000. Using the steps described earlier, you figure your reduced Roth IRA contribution of $3,740 as shown on the following worksheet.

Worksheet 2-2. Example—Illustrated

Before using this worksheet, check Table 2-1 to determine whether or not your Roth IRA contribution limit is reduced. If it is, use this worksheet to determine how much it is reduced.

1.	Enter your modified AGI for Roth IRA purposes	1.	100,000
2.	Enter: $156,000 if filing a joint return or qualifying widow(er), $-0- if married filing a separate return and you lived with your spouse at any time in 2007, or $99,000 for all others	2.	99,000
3.	Subtract line 2 from line 1	3.	1,000
4.	Enter: $10,000 if filing a joint return or qualifying widow(er) or married filing a separate return and you lived with your spouse at any time during the year, or $15,000 for all others	4.	15,000
5.	Divide line 3 by line 4 and enter the result as a decimal (rounded to at least three places). If the result is 1.000 or more, enter 1.000	5.	.067
6.	Enter the lesser of: $4,000 ($5,000 if you are age 50 or older, or $7,000 for certain employer bankruptcies), or Your taxable compensation	6.	4,000
7.	Multiply line 5 by line 6	7.	268
8.	Subtract line 7 from line 6. Round the result up to the nearest $10. If the result is less than $200, enter $200	8.	3,740
9.	Enter contributions for the year to other IRAs	9.	0
10.	Subtract line 9 from line 6	10.	4,000
11.	Enter the lesser of line 8 or line 10. This is your reduced Roth IRA contribution limit	11.	3,740

When Can You Make Contributions?

You can make contributions to a Roth IRA for a year at any time during the year or by the due date of your return for that year (not including extensions).

You can make contributions for 2007 by the due date (not including extensions) for filing your 2007 tax return. This means that most people can make contributions for 2007 by April 15, 2008.

You may be able to convert amounts from either a traditional, SEP, or SIMPLE IRA into a Roth IRA. You may be able to recharacterize contributions made to one IRA as having been made directly to a different IRA. You can roll amounts over from a designated Roth account or from one Roth IRA to another Roth IRA.

You do not include in your gross income qualified distributions or distributions that are a return of your regular contributions from your Roth IRA(s). You also do not include distributions from your Roth IRA that you roll over tax free into another Roth IRA. You may have to include part of other distributions in your income. See Ordering Rules for Distributions, later.

You are not required to take distributions from your Roth IRA at any age. The minimum distribution rules that apply to traditional IRAs do not apply to Roth IRAs while the owner is alive. However, after the death of a Roth IRA owner, certain of the minimum distribution rules that apply to traditional IRAs also apply to Roth IRAs as explained later under Distributions After Owner's Death.